National Variety Artists, Inc. v. Mosconi

Pécora, J.

This is a motion to dismiss the complaint under rule 106 of the Rules of Civil Practice upon the grounds that the plaintiff has not the legal capacity to sue and that the complaint does not state facts sufficient to constitute a cause of action. The action is to recover damages for libel. The complaint alleges that the plaintiff is a domestic membership corporation; that the defendant American Federation of Actors is an unincorporated association and that the defendant Koenigsberg is an agent of the said association. It is further alleged that the defendants in reply to an inquiry…